Chennai: The Madras High Court on Wednesday requested the authorities concerned, particularly the Social Welfare department, to ensure that no destitute or homeless or pavement dweller or other citizen of similar kind is left out in the Covid vaccination drive. The first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made the request while closing a PIL petition from a person named Muruganantham.
The bench said to ensure vaccination to this category of people, all Corporations, Municipalities and Town Panchayats should be sensitised by the department to include these vulnerable persons for immediate inoculation since they stand more exposed than other citizens to contract coronavirus. Earlier, the State filed a status report saying the Deendayal Antyodhaya Yojana, the National Urban Livelihood Mission, have been implemented in 664 urban local bodies, including 15 Corporations, 121 Municipalities and 528 Town Panchayats.
The report referred to the constitution of a Project Sanctioning Committee to oversee the scheme for the urban homeless. It also referred to the functional shelters and the money sanctioned or expended in taking care of the homeless persons.
Can a citizen refuse to takem vaccine as a matter of right?
"It is doubtful whether the right to refuse to take the vaccine can be exercised in such circumstances," the first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said. "Vaccinating oneself may not only be to protect oneself but also in the larger interest of public health. When such larger interest of public health comes into play and it is possible that a person who has not taken the vaccine may not reveal any symptoms but still be a silent carrier, it is doubtful whether the right to refuse to take the vaccine can be exercised in such circumstances," the bench explained.
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The explanation followed a submission from the State that there is an element of reluctance in some quarters to take the covid vaccine. The bench said that the State should try and persuade them with awareness campaigns and scientific data to indicate
the efficacy of the vaccines and the indispensable nature there of in dealing with the present pandemic. Though the June 29 status report indicates appropriate measures having been taken or planned to be taken at rehabilitation homes, mental care centres and the like, as prayed for by advocate Karpagam, the petitioner, the bench felt that there does not appear to be a plan in place for persons with disabilities, who are homebound and do not have the ability or resources to travel, particularly in the semi-urban and rural areas.
It, however, hoped all persons with disabilities, irrespective of status and resources, are taken care of by the State in due course. The matter stands adjourned till July 28.
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PTI